Two headlines can sit next to each other and still be two different facts.
On 24 April 2026, Taylor Swift's company, TAS Rights Management, filed to register two sound marks, the spoken phrases "Hey, it's Taylor Swift" and "Hey, it's Taylor," plus an image mark: a photo of her on stage with a pink guitar. AP reported the recordings are her own voice. The filings themselves don't say whose voice it is. None are registered yet. All three are still waiting for an examiner. Separately, the federal NO FAKES Act cleared the Senate Judiciary Committee in June 2026. On 30 September, Sen. Marsha Blackburn asked the Senate to pass it by unanimous consent, the fast-track route, and Sen. Ted Cruz objected. That stopped the shortcut. It didn't kill the bill. Those are two separate facts. One is not the cause of the other.
Three tools, three jobs
| Tool | What it protects | What it does not |
|---|---|---|
| Trademark, including sound marks | A sound, word, or logo that signals who is behind goods or services | Your voice in general; sound-alikes that do not use the mark; model training |
| Copyright | Your recordings and your written works | Your voice itself, your style, your face |
| Right of publicity (state law) | Commercial use of your name, image, likeness and, in many states, voice | Uniform national coverage. It varies by state |
A sound mark protects a brand signal, not a voice
USPTO TMEP §1202.15: a sound can be registered if it works as a brand signal. Distinctive sounds can qualify on their own; ordinary sounds need proof that the public links them to one source. Most creators do not need one yet. A signature intro or a catchphrase might justify it. A registered sound mark is evidence of brand value. It is not a shield against AI clones.
Your real protection today is state law
Midler v. Ford Motor Co., 849 F.2d 460 (9th Cir. 1988): deliberately imitating a well-known singer's distinctive voice to sell a product was actionable under California common law. California's statute, Civil Code §3344, names "voice" too. Midler couldn't use it because the ad used a sound-alike, not her actual voice. From 1 January 2027, California law says "voice or likeness" in §3344 includes a digital replica.
Tennessee's ELVIS Act (2024) makes your voice a property right, whether the sound is your real voice or a simulation. It also reaches tool-makers: anyone who makes available a tool whose "primary purpose or function" is producing a specific person's voice or likeness can be liable if they know that use isn't authorized (Tenn. Code Ann. §47-25-1105(a)(3)).
California's AB 2602, now Labor Code §927, has been in effect since 1 January 2025. A digital-replica clause in a personal or professional services contract is unenforceable for new performances when all three of these are true: it lets a replica do work you'd otherwise do in person; it doesn't give a reasonably specific description of how the replica will be used; and you weren't represented by a lawyer (with the terms stated clearly) or by a union whose contract expressly covers digital replicas. There's a narrow exception when the use matches the original contract and recording. Other states vary. Check where you live, and where the copy is being used.
The federal right is not law yet
NO FAKES (S.4591, the NO FAKES Act of 2026) would create a federal right in your voice and visual likeness against unauthorized digital replicas. Platforms that take a replica down after a proper notice would be protected from liability. It would also override some state claims over replicas in expressive works, though not state laws already on the books by 2 January 2025. Its status as of 7 October 2026: approved by Senate Judiciary in June and waiting on the Senate calendar. A 30 September attempt to pass it by unanimous consent ended when Sen. Cruz objected. It is not law. You can track the bill on congress.gov.
Your contracts are the fastest protection
Add an AI and digital-replica clause to every brand, UGC, voiceover, modeling, and podcast deal. The Usage Rights Cheat Sheet is the companion list. Watch for "in any media now known or hereafter devised," "synthetic," "derivative," "train," and "perpetual."
If someone clones your voice or face
Screenshot or download the copy with the URL and the date. Report it through the platform's impersonation, privacy, or AI-content tools. On YouTube, use the privacy complaint process to ask for removal of AI content that realistically looks or sounds like you. YouTube weighs things like whether it's disclosed as altered or synthetic, and whether it's parody or satire. Use a DMCA notice only if your recording was copied. For commercial use, a lawyer can send a cease-and-desist. Keep proof of your original voice: dated recordings.
Voiceprint checklist
- You know which state's right-of-publicity law covers you, and whether it names voice.
- Every deal has an AI and digital-replica clause. A starting point is below.
- No "perpetual, any media, hereafter devised" grant without a fee and an end date.
- You keep dated original recordings of your voice and your content.
- A Google Alert or a platform search is set for your name plus "AI," "voice," and "deepfake."
- You know each platform's impersonation and AI-content reporting route.
- If you have a signature intro or catchphrase, you have considered whether a word mark or a sound mark is worth it.
- You are tracking NO FAKES (S.4591) on congress.gov.
A starting clause. Have a lawyer adapt it:
Brand shall not create, use, or authorize any digital replica, voice clone, synthetic likeness, or AI-generated simulation of Talent's voice, image, or likeness, or use any of Talent's content to train an AI model, without Talent's separate prior written consent and additional compensation for each use.
A note before you rely on a headline
This is general legal information, not legal advice. It does not create an attorney-client relationship. Right-of-publicity and AI laws vary by state and country, and they are changing fast. Pending bills may change, or never pass. Speak to a licensed attorney about your situation.
Sources
- Ashley M. Robinson, "Look What You Made Me File: Taylor Swift Turns to Trademark Law to Fight AI Deepfakes," National Law Review (11 Sep 2026). https://natlawreview.com/article/look-what-you-made-me-file-taylor-swift-turns-trademark-law-fight-ai-deepfakes
- congress.gov, S.4591, NO FAKES Act of 2026
- USPTO TMEP §1202.15
- Midler v. Ford Motor Co., 849 F.2d 460 (9th Cir. 1988)
- Cal. Civ. Code §3344
- Kelsey Brugger, "Cruz kills Blackburn effort to pass AI deepfakes bill," Politico, Inside Congress live updates (30 Sep 2026). https://www.politico.com/live-updates/2026/09/30/congress/cruz-says-no-to-no-fakes-act-01100986
- U.S. Senate Press Gallery, Senate Floor Log, Wednesday, 30 September 2026 (3:32 p.m. entry). https://www.dailypress.senate.gov/wednesday-september-30-2026/
- 172 Cong. Rec. S5205–S5207 (daily ed. 30 Sep 2026) (Unanimous Consent Request—S. 4591). https://www.govinfo.gov/content/pkg/CREC-2026-09-30/html/CREC-2026-09-30-pt1-PgS5201.htm
- Ensuring Likeness, Voice, and Image Security (ELVIS) Act of 2024, Tenn. Pub. Ch. No. 588 (H.B. 2091), eff. 1 July 2024, amending Tenn. Code Ann. §§47-25-1101 to -1107; see §§47-25-1102 ("voice"), 47-25-1103(a), 47-25-1105(a). https://publications.tnsosfiles.com/acts/113/pub/pc0588.pdf
- Cal. Lab. Code §927, added by Stats. 2024, ch. 259, §1 (AB 2602), eff. 1 Jan 2025. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=927
- YouTube Help, "Protecting your identity." https://support.google.com/youtube/answer/2801895
